(1)

In these rules, unless the context otherwise requires, -

(a) "Act " means the Trade Marks Act, 1999 (47 of 1999);

(b) "agent " means a person authorized to act as such under section 145 of the Act;

(c) "application for registration of a trademark " includes the trademark for goods or services contained in it;

(d) "appropriate office of the Trade Marks Registry " means the relevant office of the Trade Marks Registry as specified in rule 4;

(e) "class fee " means the fee prescribed for the filing of an application for registration of a trademark in a particular class;

(f) "convention country " means a country or group of countries or union of countries or Inter-Governmental organizations of countries declared as such under sub-section (1) of section 154;

(g) "convention application " means an application for registration of a trademark made by virtue of section 154;

(h) "divisional application " means-

(i) "divisional fee " means fee prescribed against entry no. 14 in the First Schedule;

(j) "Form " means a form set forth in either the Second or the Third Schedule;

(k) "graphical representation " means the representation of a trademark for goods or services represented or capable of being represented in paper form and includes representation in digitised form;

(l) "Journal " means the trademarks Journal made available at official website of Controller General of Patents, Designs and Trade Marks;

(m) "notified date " means the date on which these rules come into force;

(n) "old law " means the Trade and Merchandise Marks Act, 1958 and rules made there under existing immediately before the commencement of the Act;

(o) "opposition " means an opposition to the registration of a trademark or a collective trademark or a certification trademark, as the case may be and includes an opposition to grant of protection to an international registration designating India and opposition to alteration of registered trademark;

(p) "principal place of business in India " means the relevant place in India as specified in rule 3;

(q) "publish " means published in the trademarks Journal made available on the official website of Controller General of Patents, Designs and Trademarks;

(r) "registered trademark agent " means a trademark agent whose name is actually on the register of trademarks agents maintained under rule 142;

(s) "renewal " means and includes renewal of registration of a trademark, certification trademark or collective trademark, as the case may be;

(t) "schedule " means a Schedule to the rules;

(u) "section " means a section of the Act;

(v) "Small Enterprise " means:

(iii) In case of a foreign enterprise, an enterprise which fulfills the requirements as mentioned in clauses (i) and (ii) above.

(w) "specification " means the designation of goods or services in respect of which a trademark or a registered user of a trademark is registered or proposed to be registered;

(x) "Startup " means

(y) All other words and expressions used but not defined in these rules but defined in the Act or in the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Copyright Act, 1957 (14 of 1957) shall have the meanings assigned to them in those Acts.

(2)

In these rules, except as otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these rules, a reference to a Schedule is a reference to that Schedule to these rules and a reference to a Form is a reference to that Form contained in the Second Schedule or the Third Schedule, as the case may be, to these rules.